Back / lumbar spine decisions — 2014

The Veteran's TDIU was granted effective from January 14, 2010. The Board has remanded the case for a determination on whether he should have received a TDIU prior to that date due to his service-connected disabilities.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his current back condition and whether it is related to service. The claim will be reconsidered after this additional development.

The Veteran withdrew his appeal regarding the initial rating for degenerative arthritis of the lumbar spine prior to November 15, 2012, and a higher rating since.

The Veteran's service-connected disabilities, including cold injury residuals to the feet and PTSD, have rendered him unemployable since June 23, 2011.

The Veteran's non-service-connected disabilities do not meet the criteria for a permanent and total disability rating necessary to qualify for non-service-connected pension benefits.

The Board finds that the Veteran's low back disability is due to his service-connected rupture of the left Achilles tendon. The claim for sleep apnea is denied as there is no evidence of a relationship between the condition and active duty service or any service-connected disability.

The Board found no evidence linking the Veteran's current back condition to his service and denied his claim for service connection.

The Board has determined that the VA examination conducted in March 2013 was inadequate and remanded for a more complete review of the evidence, including private treatment records from Dr. V.S.L., G.M.D.C., and Durham VAMC. The Veteran's claim for service connection for his low back disorder remains denied.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has remanded the case for further development due to an inaccurate factual premise in a previous VA examiner's opinion.

The Board has granted service connection for degenerative disc disease of the lumbar spine and assigned a disability rating, but the Veteran is seeking an increased rating. The issue of entitlement to TDIU is also pending.

The appeal is being remanded for a new VA examination to determine the current severity of the Veteran's lumbar sprain with degenerative disc disease at L4-L5, as well as his disability prior to December 14, 2010. The examiner should also assess whether the Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's low back disability is not related to service and denied his claim for service connection.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection.

The Veteran's right knee scar is rated at 10 percent, effective May 21, 2008. The claim for a higher initial evaluation remains pending.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective October 25, 2005. The Board denied a higher rating as there were no incapacitating episodes of back pain requiring bedrest.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling an examination to assess the current severity of the Veteran's low back strain. The appeal is also remanded due to a lack of adequate examination in November 2008.

The Veteran's claims for increased disability ratings and service connection have been denied. The Board finds that the evidence does not support a grant of any of the requested evaluations.

The Veteran's TDIU claim is being referred to the Director of VA's Compensation and Pension Service for consideration due to his service-connected back disability.

The Veteran's service-connected low back disability, manifested by lumbar strain, degenerative disc disease and disc bulging, is currently rated at 10 percent. The Board has determined that the disability picture more nearly approximates a forward flexion of less than 60 degrees but not to 30 degrees or less for the period of the appeal.